Findings - CC - 2002 - PP-5-02/FP-14-02 - Merrill Subd 3(Rocky Mt. Business Park)1.19 Acre/4
OR\G\NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A COMBINED PRELIMINARY PLAT AND
FINAL PLAT FOR MERRILL SUBDIVISION
NO.3 FOR DAVE EVANS CONSTRUCTION
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-S-O2 & FP-14-02
The above-entitled combined preliminary plat and final plat application came before the Eagle City
Council for their action on November 26, 2002. The Eagle City Council having heard and taken oral and
written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Dave Evans Construction, represented by Anna Powell with B & A Engineers, is
requesting combined preliminary plat and final plat approval for Merrill Subdivision No.3
(a re-subdivision of Lot 13, Block 3, Merrill Subdivision No.2, formally known as Rocky
Mountain Business Park). The 1. 19-acre, 4-10t commercial subdivision is located on the
southwest corner of East Iron Eagle Drive and South Fitness Place at 461 South Fitness
Place.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 29, 2002.
e.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on September 30, 2002. Notice of this public hearing
was mailed to property owners within three-hundred feet (300-feet) of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on September 25,2002. Requests for agencies' reviews were transmitted on August
30, 2002, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on November 5, 2002. Notice of this public hearing was mailed to property
owners within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on October 31,
2002.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 23, 2002, the Eagle City Council approved a vacation and lot line adjustment
(V AC-2-02) for this site.
Page 1 of 15
K:\Planning Dept\Eagle Applications\SUBS\2002\MerriIl Subdivision No.3 combined ppfp ccf.doc
On May 21, 2002, the Eagle City Council approved a design review (DR-13-02) for four
(4) buildings on this site.
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU (Mixed Use) Four
Med icallProfess i onal
Office Buildings
Proposed No Change No Change Subdivision to separate
Four Medical /
Professional Office
Buildings into four lots
North of site Mixed Use MU (Mixed Use) McConnehey Medical
Office Building
South of site Mixed Use MU (Mixed Use) Vacant
East of site Mixed Use MU (Mixed Use) Road House Bar-B-Q
Restaurant
West of site Mixed Use MU (Mixed Use) Rocky Mountain
Fitness Center
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 1. 19-acres
Total Number of Lots - 4
Commercial - 4
Industrial - 0
Common - 0
Total Number of Units - 0
Total Acreage of Any Out-Parcels - 0
Page 2 of 15
K:\Planning Dept\Eagle Applications\SUBS\2002\MerrilI Subdivision No.3 combined ppfp ccf.doc
ADDITIONAL SITE DATA PROPOSED REQ UIRED
Dwelling Units Per Gross Acre N/A N/A
Minimum Lot Size 0.25-acres (10,736 square feet) 7,000 sq. ft.
Minimum Lot Width 80-feet (approx.) 50-feet
Minimum Street Frontage N/A N/A
Total Acreage of Common Area AS-acres . i2-acres
(measured as total landscaping of
the entire site)
Percent of Site as Common Area 38% (approximately) 10%
(measured as total landscaping of
the entire site)
I.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
A greenbelt/pathway has previously been constructed along State Highway 44 abutting the
southern boundary of the Rocky Mountain Business Park development.
This subject site has been required to screen outdoor storage areas, trash receptacles,
exposed equipment, and off-street parking pursuant to Eagle City Code and the conditions
of approval for DR-13-02.
Open Space:
The site consists of landscaping adjacent to all the buildings as well as planter areas within
the shared parking lot and the parking lot perimeter. Landscaped courtyards are located
between the buildings and in front of the building located in the northeast corner of the
site.
Storm Drainage and Flood Control:
Storm drainage and flood control plans were previously submitted and approved by the
City Engineer. Lots are required to be graded so that all runoff runs either over the curb,
or to the existing drainage easements, and that no runoff shall cross any lot line onto
another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - no
Preservation of Existing Natural Features:
Existing trees (within the landscape strips abutting the roadways) surrounding the site
shall be retained.
Page 3 of 15
K:\Planning Dept\Eagle Applications\SUBS\2002\MerriII Subdivision No.3 combined ppfp ccf.doc
J.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or
development of the site, any historical artifacts are discovered, state law requires
immediate notification to the state.
STREET DESIGN:
Private or Public Streets: Public
No new streets, street widening, or dedication of right-of-way to the Ada County Highway
District is proposed with this application. All streets within this subdivision were
previously approved with Merrill Subdivision Nos. 1 & 2 (Rocky Mountain Business
Park).
Not all of the proposed lots within this subdivision will have direct lot access to the public
streets. A note has been included on the plat which provides cross access between the lots
to the public streets for pedestrian and vehicular traffic.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design: N/a
Sidewalks:
The 5-foot wide meandering sidewalks (separated from the curb with a 5-foot wide planter
strip) adjacent to the public streets abutting this development were previously approved
with Merrill Subdivision Nos. 1 & 2. Sidewalks abutting the four (4) buildings provide
access to the interior courtyards, shared parking lot and the sidewalks abutting Iron Eagle
Drive and Fitness Place.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards have been
constructed abutting the interior streets within Merrill Subdivision Nos. 1 & 2.
Lighting:
Street lights have been installed and a parking lot light plan showing location, height, and
wattage was reviewed and approved prior to the issuance of building permits.
Street Names: No new streets are proposed with this application.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
See discussion under "Sidewalks" above.
Bike Paths: None proposed.
L.
PUBLIC USES PROPOSED: None proposed.
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
Page 4 of 15
K:\Planning Dept\Eagle Applications\SUBS\2002\MerrilI Subdivision No.3 combined ppfp ccf.doc
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - Yes, Boise River Floodplain
Note: all floodplain and floodway concerns were addressed by the applicant as a part of
the Merrill Nos. 1 & 2 Subdivisions, and associated floodplain development permit
application.
Evidence of Erosion - No
Fish Habitat - No
Floodplain - Yes (approximately 4-acres along Highway 44)
Mature Trees - Yes, within landscaped strips adjacent to roadways
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - North of North Channel of Boise River
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - No
Historical Sites - No
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
Not required.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
United WaterIdaho
Q.
LETTERS FROM THE PUBLIC: None received as of this date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 5 - Economic Development
5.5
Implementation Strategies
f.
New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural identity.
Page 5 of 15
K:\Planning Dept\Eagle Applications\SUBS\2002\Merrill Subdivision No.3 combined ppfp ccf.doc
B.
e.
g.
Encourage commercial growth adjacent to the Central Business District and
discourage isolated commercial development in outlying areas.
h.
Promote additional employment opportunities and expand the economic base by
a) encouraging growth and expansion of existing businesses and industry and b)
attracting additional business and industry so residents will be provided with
adequate commercial services and facilities.
1.
Excessively large single entity businesses that would jeopardize the
competitive business environment should be discouraged.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
.
ECC Section 8-2A-6 (A)(1)
Site Design Objectives: The site plan design shall minimize impact of traffic on adjacent
streets, provide for the pedestrian, and provide appropriate, safe parking lot design.
Special review items should include:
a. The functional relationship of the structures and the site in relation to its
surroundings;
c. The site layout with respect to separation or integration of vehicular, pedestrian
and bicycle traffic patterns;
d. The arrangement and adequacy of off street parking facilities relative to access
points, building location and total site development to prevent traffic conflict or
congestion;
e. The location, arrangement and dimensions of truck loading ramps, docks, and
bays and vehicle service facilities;
f. The access, parking lot, and interior roadway illumination plans and hours of
operation;
1. The provision of safe pedestrian and bicycle connections between
neighborhoods and commercial areas.
.
ECC Section 8-2A-8 (C) (8)
Each business within a single building shall be allowed one wall sign for every
street it fronts and the entire building shall be permitted one monument sign for
every street it fronts. The sides of the building on which the signs are to be placed
shall be shown by the owner, but shall be as approved by the design review board.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 9-2-3 (B)(1-5)
Combining Preliminary and Final Plat in Minor Subdivisions: The applicant may request
that the subdivision application be processed as both a preliminary and final plat if all the
following exist:
1. The proposed subdivision does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development
in a floodplain, hillside development or the like;
4. All required information for both preliminary and final plat is complete and in
Page 6 of 15
K:\Planning Dept\Eagle Applications\SUBS\2002\MerrilI Subdivision No.3 combined ppfp ccf.doc
an acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision of the Zoning Title of the City.
.
ECC Section 9-3-5 (B) - Lots shall conform to the following standards:
Future Arrangements: Where parcels of land are subdivided into unusually large lots (such
as when large lots are approved for septic tanks), the parcels shall be divided, where
feasible, so as to allow for future re-subdividing into smaller parcels. Lot arrangements
shall allow for the ultimate extension of adjacent streets through the middle of wide
blocks. Whenever such future subdividing or lot splitting is contemplated, the plan thereof
shall be approved by the City Council prior to taking of such action.
E.
DISCUSSION:
.
Staff has reviewed the particular facts and circumstances of this proposed combined preliminary
and fmal plat and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5" (minimum criteria
to combine a preliminary and final plat), has made the following conclusions:
The proposed combined preliminary and final plat:
1. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like. Note: A portion of this site (Rocky
Mountain Business Park) is within the Boise River Floodplain, however, all
floodplain concerns (including all concerns outlined in ECC Title 10) were addressed
with Merrill Subdivision Nos. 1 & 2 (FPUD-2 &3-99 & FP-7 & 8-99);
4. All required information for both preliminary and final plat is complete and in an
acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision of the Zoning Title of the City.
.
This applicant proposes to subdivide this parcel (Lot 13, Block 3, Merrill Subdivision No.2)
which has previously been divided from a larger parcel; a succession of land divisions from
large to small. Physically, no change will occur to the site itself, only that the individual
buildings will be owned separately rather than the entire lot (and buildings) owned by a single
entity leasing the buildings to others.
.
The overall site development has previously been reviewed and approved by the design review
(DR-13-02), and as such, must comply with the requirements of Eagle City Code and the
conditions of approval for the Design Review.
.
It is staff's opinion that this plat will not significantly affect the previously approved Design
Review or the subdivision plats approved for this development. In this situation, all the lands
within this property are subject to the requirements and conditions of Rocky Mountain
Business Park PUD and Merrill Subdivision Nos. 1 & 2.
.
This development has one proposed building (on Lot 1, Block 1) that will not have street
Page 7 of 15
K:\Planning Dept\Eagle Applications\SUBS\2002\MerriIl Subdivision No.3 combined ppfp ccf.doc
frontage on the interior streets of the Rocky Mountain Business Park. As stated in Eagle City
Code, each building is permitted one monument sign for every street it fronts and no signs are
permitted to be located upon any property which is not related to the activity being conducted
thereon. It may be considered that upon the approval of an application for a master sign plan
for this subdivision, an allowance may be made to permit the building on Lot 1, Block 1, to
install or share signage (as may be determined by the Design Review Board). Prior to the
issuance of any Certificates of Occupancy for the buildings located on the site, the applicant
should submit a master sign plan for review and approval by the Design Review Board to
permit the building on Lot 1, Block I, to install or share signage with the adjacent buildings
within the Merrill Subdivision No.3.
ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval and the standard
conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
October 15, 2002, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by
no one (not including the applicant/representative).
COMMISSION DECISION:
The Commission voted 4 to 0 (Cadwell absent) to recommend approval of PP-5-02 & FP-14-02
for a combined preliminary plat and final plat for Merrill Subdivision No.3 with the site specific
conditions of approval and standard conditions of approval shown within their Findings of Fact
and Conclusions of Law document, dated October 28, 2002.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on November 26, 2002, at
which time testimony was taken and the public hearing was closed. The Council made their
decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including
the applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve PP-5-02 & FP-14-02 for a combined preliminary plat and
final plat for Merrill Subdivision No.3 with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval:
Page 8 of 15
K:\Planning Dept\Eagle Applications\SUBS\2002\Merrill Subdivision No.3 combined ppfp ccf.doc
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any requirements of the City Engineer.
2. Comply with all conditions of DR-13-02 and FPUD-2 &3-99 & FP-7 & 8-99 (Merrill Subdivision
Nos. 1 & 2).
3. The Merrill No.3 Subdivision shall remain under the control of one business owner's association.
Provide a copy of the CC&R' s with language stating that the landscaping, parking lot and other shared
site improvements are to be maintained by one business owner's association.
4. Future re-subdivision(s) of any portion of this site shall be required to comply with ECC Title 9 "Land
Subdivisions".
5. Revise the final plat to delineate all physical utility services to have a minimum 12-foot (12') wide
utility easement centered on the respective utility service.
6. The applicant shall submit a master sign plan for review and approval by the Design Review Board to
permit the building on Lot 1, Block 1, to install or share signage (as determined by the Design Review
Board), prior to the issuance of any Certificates of Occupancy for the buildings located on the site.
7. Revise note no. I on the final plat to read as follows, "All Lots shall provide reciprocal cross-access for
vehicular and pedestrian ingress and egress to the public right-of-ways and to the utility easements as
delineated on this plat, in accordance with the agreement included in the subdivision covenants and
restrictions for Merrill Subdivision No.3."
8. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing this
project, prior to the City Clerk signing this final plat.
STANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2.
Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3.
Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (1.e. Title 50, Chapter 13 and Le. 39-118).
5.
Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
Page 9 of 15
K:\Planning Dept\Eagle Applications\SUBS\2002\MerrilI Subdivision No.3 combined ppfp ccf.doc
7.
8.
9.
accepting the project for service, prior to the City Engineer signing the final plat (B.e.C. 9-20-8.4)
All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10.
Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12.
Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
Page 10 of 15
K:\Planning Dept\Eagle Applications\SUBS\2002\Merrill Subdivision No.3 combined ppfp ccf.doc
13.
14.
15.
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits.
The proposed fIfe protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
c.
d.
Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed by the
Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16.
Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed by the Eagle City
Attorney prior to the City Engineer signing the final plat.
17.
The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
Page 11 of 15
K:\Planning Dept\Eagle Applications\SUBS\2002\Merrill Subdivision No.3 combined ppfp ccf.doc
19.
20.
21.
22.
Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corp of Engineers prior to approval of the final plat by
the City Engineer.
24.
The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corp of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
25.
Basements in homes in the flood plain are prohibited.
26.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
27.
Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
28.
No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
Page 12 of 15
K:\Planning Dept\Eagle Applications\SUBS\2002\Merrill Subdivision No.3 combined ppfp ccf.doc
29.
In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30.
Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
31.
The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 29, 2002.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on September 30, 2002. Notice of this public hearing was mailed to property owners
within three-hundred feet (300-feet) of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on September 25,2002. Requests for agencies'
reviews were transmitted on August 30, 2002, in accordance with the requirements of the Eagle City
Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on November 5,
2002. Notice of this public hearing was mailed to property owners within three-hundred feet (300-
feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on October 31, 2002.
3. The Council reviewed the particular facts and circumstances of this proposed combined preliminary
plat and final plat (PP-5-02 & FP-14-02) and based upon the information provided concludes that the
proposed combined preliminary plat and final plat application is in accordance with the City of Eagle
Title 9 (Subdivisions) because:
a. The requested combined preliminary plat and final plat complies with the approved zoning
designation ofMU (Mixed Use).
b. Will be harmonious with and in accordance with the general objectives of title 9 of the Eagle
City Code since the development has previously received conditional approval and, is
consistent with the Comprehensive Plan and provides the required improvements for a
subdivision; and
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use
will not change the essential character of the same area since the buildings located upon the lot
to be divided have previously been approved by the Design Review Board and are required to
comply with the conditions of said approval; and
Page 13 of 15
K:\Planning Dept\Eagle Applications\SUBS\2002\MerrilI Subdivision No.3 combined ppfp ccf.doc
d. Will not create excessive additional requirements at public cost for facilities and services as
the site will be served with existing central sewer from the Eagle Sewer District and will use
public water from the existing from Eagle Water Company service. Fire protection is
available from the Eagle Fire District and fire hydrants have previously been provided
throughout the Rocky Mountain Business Park development; and
e. Will have vehicular approaches to the property designed to not create an interference with
traffic on surrounding public thoroughfares since the project is required to be reviewed and
approved the Ada County Highway District and is subject to the conditions herein; and since
no new dedication of public right-of-way is proposed or required.
f. This development is in continuity with the capital improvement program since the required
public improvements are required as conditioned herein, and previously have been or are
expected to be installed with the development of individual lots as conditions of approval; and
g. That based upon agency verification and additional written comments of the Eagle Fire
Department and the Ada County Highway District, or as conditioned herein, there is adequate
public financial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of combined
preliminary plat and final plat approval as set forth within the conditions of approval above.
4. The Council reviewed the particular facts and circumstances of this proposed combined preliminary and
final plat and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5" (minimum criteria to combine a
preliminary and final plat), has made the following conclusions:
The proposed combined preliminary and final plat:
1. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like. Note: A portion of this site (Rocky Mountain
Business Park) is within the Boise River Floodplain, however, all floodplain concerns
(including all concerns outlined in ECC Title 10) were addressed with Merrill Subdivision
Nos. 1 & 2 (FPUD-2 &3-99 & FP-7 & 8-99);
4. All required information for both preliminary and final plat is complete and in an acceptable
form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of
the Zoning Title of the City.
Page 14 of 15
K:\Planning Dept\Eagle Applications\SUBS\2002\Merrill Subdivision No.3 combined ppfp ccf.doc
DATED this 10th day of December 2002.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
ßJÞ1~' ~ ~ ~<'H>I:L-
Sharon K. Moore, Eagle City erk
,""""""
~", 1:: BA "'#.
~.. 01- G ~#.
~.. ~'"" ..'...... t.~ ~##.
.: .'" . .. v' ~
.: Cl." ",--~ORA.7":.. "
= : 0."'- v..
: .~. .~:
. . ~ . ~ .
. . _.- ~ .
: * \ 1;:.:
. ~~. ..
: .."'1 <')£ ~ '.. 0 :
. .,' "."
.... ..C'r. ~<i. .">.: .:
# ,n .~"T>r'-'.'" ........
# \J'~.'. ."....
','¡-' ....~~.,. '\),.."
"" -1 'l'E; 01' \ ......"
"""'1111""""
Page 15 of 15
K:\Planning Dept\Eagle Applications\SUBS\2002\Merrill Subdivision No.3 combined ppfp ccf.doc